Cahill, R. v

Cahill, R. v

Exceptional health circumstances, including advanced AIDS and need for ongoing specialist medical care, justified suspension of custodial sentence.

Source-derived case information.

Parties
Respondent: Regina; Applicant: Stephen Cahill
Jurisdiction
England and Wales
Judgment Date
26 February 2009
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence
Outcome
sentence suspended
Legal Topics
Sentencing, Drug Offences, Suspended Sentence, Mitigation Due to Health
Criminal Law Sentencing Drug Offences Suspended Sentence Mitigation Due to Health

Source-derived case record

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Parties

Regina

Respondent

Stephen Cahill

Applicant

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the applicant's sentence should be suspended due to exceptional health circumstances
  2. 2 Appropriateness of custodial sentence for possession with intent to supply class B and C drugs

Ratio Decidendi

Exceptional health circumstances, including advanced AIDS and need for ongoing specialist medical care, justified suspension of custodial sentence.

Court Disposition

sentence suspended

Orders

  • Sentences of nine months imprisonment for each offence to stand but suspended for two years.
  • Supervision period and operational period set at two years under section 189(1)(a) and 189(1)(b)(ii) Criminal Justice Act 2003.